Page:United States Statutes at Large Volume 102 Part 5.djvu/804

 102 STAT. 4810

Reports.

PUBLIC LAW 100-713—NOV. 23, 1988

"(6) All contracts entered into by the Secretary under this subsection shall be in accordance with all Federal contracting laws and regulations except that, in the discretion of the Secretary, such contracts may be negotiated without advertising and need not conform to the provision of the Act of August 24, 1935 (40 U.S.C. 270a, et seq.). "(7) Pajonents made under any contract entered into under this subsection may be made in advance, by means of reimbursement, or in installments and shall be made on such conditions as the Secretary deems necessary to carry out the purposes of this subsection. "(8) Notwithstanding any other provision of law, the Secretary may, at the request or consent of a Native Hawaiian organization, revise or amend any contract entered into by the Secretary with such organization under this subsection as necessary to carry out the purposes of this subsection. "(9)(A) For each fiscal year during which a Native Hawaiian organization receives or expends funds pursuant to a contract entered into under this subsection, such organization shall submit to the Secretary a quarterly report on— "(i) activities conducted by the organization under the contract, "(ii) the amounts and purposes for which Federal funds were expended, and

"(iii) such other information as the Secretary may request. "(B) The reports and records of any Native Hawaiian organization which concern any contract entered into under this subsection shall be subject to audit by the Secretary and the Comptroller General of the United States. "(10) The Secretary shall allow as a cost of any contract entered into under this subsection the cost of an annual private audit conducted by a certified public accountant. "(11) The authority of the Secretary to enter into contracts under this subsection shall be to the extent, and in amounts, provided for in appropriation Acts. "(h) For purposes of this subsection— "(1) The term 'Native Hawaiian' means any individual who— "(A) is a citizen of the United States, "(B) is a resident of the State of Hawaii, and "(C) is a descendant of the aboriginal people who, prior to 1778, occupied and exercised sovereignty in the area that now constitutes the State of Hawaii, as evidenced by— "(i) genealogical records, "(ii) Kupuna (elders) or Kama'aina (long-term community residents) verification, or "(iii) birth records of the State of Hawaii. "(2) The term 'Native Hawaiian organization' means any organization— "(A) which serves and represents the interests of Native Hawaiians, "(B) which is recognized by the Department of Health of the State of Hawaii, the Office of Hawaiian Affairs of the State of Hawaii, and E Ola Mau for the purpose of planning, conducting, or administering programs (or portion of programs) authorized under this Act for Native Hawaiians, and

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